Tuesday 25 July 2017

Civil Law, Criminal Law , Family Law , Human Rights

HOW ADVOCATES FOR COURT MARRIAGE GET MARRIAGE REGISTERED FROM REGISTRAR OF MARRIAGES

NOTE:- Registration of marriage is different from police protection from Punjab &Haryana High Court.
After getting married, a couple may need registration of marriage for several reasons. The most important reason is that it is the legal proof, apart from marriage certificate given by religious institutions, that a couple has got married. However it is different from your marriage certificate given by religious institution. A marriage certificate may not be recognized internationally or even by governmental and institutional bodies in India. However, certificate of registration of marriage is recognized internationally by all the authorities throughout the world including all governmental and institutional bodies in India.
The procedure of getting registration of marriage is complex. That is why, people generally engage the services of court marriage advocates in Chandigarh to get their marriage registered.
Several aspects have to be considered before court marriage lawyers in Chandigarh start the process of getting the marriage registered.
  • The most important is the residential status of the parties. One of the parties must be resident of the place whose registrar is giving certificate of marriage. For example if a couple is applying for certificate of registration of marriage in Chandigarh, one of the parties must be having a proof that he or she is a resident of Chandigarh. This means that either driving license or passport or any other document must show an address that is of Chandigarh.
  • Further the marriage must have taken place in Chandigarh. Foreign citizens must have passport and its photocopies. For citizens of India, registration generally takes less than one day. In case of NRI/s or foreign citizens it can take three to four days.
  • In case of NRIs several more formalities are involved which makes their registration of marriage more difficult.
Some documentary requirements are:-
  • Four passport size photographs of husband alone and wife alone.
  • Residential Proof – Aadhar card or driving license or passport of Husband and Wife.
  • Date of Birth Proof – date of birth certificate, 10th class certificate of Husband and Wife.
  • Two Witnesses aged above 18 with aadhar card
Additionally:-
1.Certified copy of Decree of Divorce granted by the Court, if applicable.
2.Death Certificate of the dead spouse, if applicable.

NRI & FOREIGN CITIZENS MARRIAGE REGISTRATION IN CHANDIGARH

Sometimes non-resident Indians or foreign citizens who do not know the laws of registration of marriage, get married outside the jurisdiction of register of marriages and their application for registration of marriages rejected. In such circumstances their spouse is unable to get Visa on the basis of spouse Visa basis. It is best in such a scenario to hire the services of an expert who deals with such matters on regular basis. In one of the cases, our client got married in Thailand and told us to get his marriage registered in Chandigarh. We flatly refused. And this client had to get his marriage performed in Chandigarh once again to get marriage registration certificate in Chandigarh.
In yet another case, a Canadian citizen got married to a man residing in Chandigarh. However that Canadian citizen was a Muslim and her husband was a Hindu. Although the registrar of marriages in Chandigarh gave certificate of marriage, the Canadian embassy refused to give Visa to the spouse because of difference in religion.
These risks and extra costs have to be avoided. To prevent these, it is better to take assistance of an advocate having knowledge of marriage laws specially in context of Non Resident Indians (NRI) and foreign citizens who want to get marriage registered in India. The worst embassy to deal with in relation with NRI registration of marriages is UK embassy. Our clients who are UK citizens face a lot of practical difficulties in getting their marriage registered in Chandigarh. Other embassies and countries are very cooperative.

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